Citation, commencement and interpretation

1.  These Rules may be cited as the Criminal Procedure (Amendment No. 2) Rules 2007 and shall come into force on 1st October 2007.

2.  In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2005(2).

Amendments to the Criminal Procedure Rules 2005

3.  After rule 2.1(6) (When the rules apply), insert—

“(7) The rules in Parts 65, 66, 67, 68, 69 and 70 apply where an appeal, application or reference, to which one of those Parts applies, is made on or after 1st October 2007. In other cases the rules replaced by those rules apply.”.

4.  In rule 2.2(1) (Definitions)—

(a) at the appropriate place, insert—

(i) ““business day” means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday;”;

(ii) ““live link” means an arrangement by which a person can see and hear, and be seen and heard by, the court when that person is not in court;”; and

(iii) ““public interest ruling” means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 1996(3).”;

(b) at the end of the definition of “court officer”, omit “and”; and

(c) at the end of the definition of “Practice Direction”, for “.”, substitute “; and”.

5.  In Part 13 (Dismissal of charges transferred or sent to the Crown Court), in the table of contents—

(a) in the first column, omit “Service of documents”; and

(b) in the second column, omit “rule 13.6”.

6.  In Part 15 (Preparatory hearings in case of serious fraud and other complex or lengthy cases in the Crown Court), in the table of contents—

(a) in the first column, omit “Service”; and

(b) in the second column, omit “rule 15.6”.

7.  In Part 34 (Hearsay evidence), in the table of contents—

(a) in the first column, omit “Methods of giving notice”; and

(b) in the second column, omit “rule 34.6”.

8.  In Part 35 (Evidence of bad character), in the table of contents—

(a) in the first column, omit “Methods of giving notice”; and

(b) in the second column, omit “rule 35.7”.

9.  In Part 37 (Summary trial)—

(a) in the table of contents, in the second column—

(i) for “rule 37.6”, substitute “rule 37.7”, and

(ii) for “rule 37.7”, substitute “rule 37.8”;

(b) in the table of contents—

(i) in the first column, insert in the appropriate place “Application to change a plea of guilty”, and

(ii) in the second column, insert in the appropriate place “rule 37.6”;

(c) after rule 37.5 (Notice of intention to cite previous convictions), insert—

“Application to change a plea of guilty

37.6.—(1) The defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty, and may only do so before the final disposal of the case, by sentence or otherwise.

(2) Unless the court otherwise directs, the application must be in writing and it must—

(a) set out the reasons why it would be unjust for the guilty plea to remain unchanged;

(b) indicate what, if any, evidence the defendant wishes to call;

(c) identify any proposed witness; and

(d) indicate whether legal professional privilege is waived, specifying any material name and date.

(3) The defendant must serve the written application on—

(a) the court officer; and

(b) the prosecutor.”;

(d) Renumber rule 37.6 (Preservation of depositions where offence triable either way is dealt with summarily) as rule 37.7; and

(e) Renumber rule 37.7 (Order of evidence and speeches: complaint) as rule 37.8.

10.  In Part 39 (Trial on indictment)—

(a) In the table of contents—

(i) at the end of the first column, insert “Application to change a plea of guilty”, and

(ii) at the end of the second column, insert “rule 39.3”;

(b) In the note after rule 39.1 (Time limits for beginning of trials), omit “For time limits for the listing of plea and directions hearings see direction IV.42 in the Practice Direction.”; and

(c) after rule 39.2 (Appeal against refusal to excuse from jury service or to defer attendance), insert—

“Application to change a plea of guilty

39.3.—(1) The defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty, and may only do so before the final disposal of the case, by sentence or otherwise.

(2) Unless the court otherwise directs, the application must be in writing and it must—

(a) set out the reasons why it would be unjust for the guilty plea to remain unchanged;

(b) indicate what, if any, evidence the defendant wishes to call;

(c) identify any proposed witness; and

(d) indicate whether legal professional privilege is waived, specifying any material name and date.

(3) The defendant must serve the written application on—

(a) the court officer; and

(b) the prosecutor.”.

11.  In Part 41 (Retrial following acquittal for serious offence), in the table of contents—

(a) in the first column, omit “Service”; and

(b) in the second column, omit “rule 41.17”.

12.  In Part 52 (Enforcement of fines), in the table of contents—

(a) in the first column, omit “Notice of date of magistrates' court means enquiry”; and

(b) in the second column, omit “rule 52.5”.

13.  In Part 55 (Road traffic penalties), in the table of contents—

(a) in the first column, omit “Notice of registration to defaulter under section 71(6) of the Road Traffic Offenders Act 1988(4)”; and

(b) in the second column omit “rule 55.4”.

14.  In the heading to Part 63 (Appeal to the Crown Court against conviction or sentence), omit “against conviction or sentence”.

15.  In rule 63.1 (Application of this Part)—

(a) for “and”, substitute “,”; and

(b) after “supervision order)”, insert “and section 14A(5A) of the Football Spectators Act 1989(5) (failure to make football banning order)”.

16.  In the note after rule 63.1, for “Formerly”, substitute “This rule derives in part from”.

17.  In rule 63.2(3) (Notice of appeal), for “day on which the decision appealed against is given”, substitute “making of, or failure to make, the decision appealed against”.

18.  In the note after rule 63.2, for “Formerly”, substitute “This rule derives in part from”.

19.  In rule 63.3(2) (Documents to be sent to Crown Court), for “and of the last known or usual place of abode”, substitute “or proceedings, and details of the last known addresses”.

20.  In rule 63.3(3), omit “for the court from whose decision the appeal is brought”.

21.  In the note after rule 63.3, for “Formerly”, substitute “This rule derives in part from”.

22.  In rule 63.8(1) (Number and qualification of justices – dispensation for special circumstances), for “constituted without unreasonable delay and the Court includes one justice who is a member of a youth court panel.”, substitute

• “so constituted without unreasonable delay and the Court includes—

  (a)

  in the case of the hearing of an appeal from a youth court, one justice who is a member of a youth court panel; or

  (b)

  in any other case, one justice.”.

23.  In the note after rule 63.8, for “Formerly”, substitute “This rule derives in part from”.

24.  In rule 63.9 (Disqualifications), for “he”, substitute “that justice”.

25.  In the note after rule 63.9, for “Formerly”, substitute “This rule derives in part from”.

26.  In Part 64 (Appeal to the High Court by way of case stated), in the table of contents—

(a) in the first column, omit “Service of documents on application to magistrates' court”; and

(b) in the second column, omit “rule 64.5”.

27.  For Part 65 (Appeal to the Court of Appeal against ruling in preparatory hearing), substitute the Part as set out in Schedule 1 to these Rules.

28.  For Part 66 (Appeal to the Court of Appeal against ruling adverse to prosecution), substitute the Part as set out in Schedule 2 to these Rules.

29.  For Part 67 (Appeal to the Court of Appeal against order restricting reporting or public access), substitute the Part as set out in Schedule 3 to these Rules.

30.  For Part 68 (Appeal to the Court of Appeal against conviction, sentence or sentence review decision), substitute the Part as set out in Schedule 4 to these Rules.

31.  For Part 69 (Reference to the Court of Appeal of point of law), substitute the Part as set out in Schedule 5 to these Rules.

32.  For Part 70 (Reference to the Court of Appeal of unduly lenient sentence), substitute the Part as set out in Schedule 6 to these Rules.

33.  In Part 71 (Appeal to the Court of Appeal under the Proceeds of Crime Act 2002(6) – general rules), in the table of contents—

(a) in the first column, omit “Service of documents”; and

(b) in the second column, omit “rule 71.11”.

34.  In the heading to Part 74 (Appeal to the House of Lords), after “Appeal”, insert “or reference”.

35.  In Part 74 (Appeal to the House of Lords)—

(a) in the table of contents, in the first column, after “appeal”, insert “or to refer a case”;

(b) in the heading to rule 74(1) (Application for leave to appeal from the Criminal Division of the Court of Appeal to the House of Lords), after “leave to appeal”, insert “or to refer a case”;

(c) in rule 74.1(1)(a), after “2005”, insert “, or for a reference to the House of Lords under section 36(3) of the Criminal Justice Act 1972(7) or section 36(5) of the Criminal Justice Act 1988(8)”; and

(d) in rule 74.1(1)—

(i) after “from which an appeal”, insert “or reference”, and

(ii) after “Registrar”, insert—

• “(i)

  within 7 business days of the reasons for the court’s decision, where the appeal to the court concerned a decision under Part 9 of the Criminal Justice Act 2003(9); or

  (ii)

  within 14 days of the court’s opinion, where a reference to the court was made under section 36(3) of the Criminal Justice Act 1972.”.

36.  In the note after rule 74.1, for “Formerly”, substitute “This rule derives in part from”.

Rule 27

SCHEDULE 1

“Part 65 Appeal to the Court of Appeal: general rules

When this Part applies

65.1—(1) This Part applies to all the appeals and references to the Court of Appeal to which Parts 66, 67, 68, 69 and 70 apply.

(2) In this Part and in those, unless the context makes it clear that something different is meant—

“court” means the Court of Appeal or any judge of that court;

“Registrar” means the Registrar of Criminal Appeals or a court officer acting with the Registrar’s authority.

[Note. See rule 2.2 for the usual meaning of ‘court’.

Under section 53 of the Supreme Court Act 1981(10) the criminal division of the Court of Appeal exercises jurisdiction in the appeals and references to which Parts 66, 67, 68, 69 and 70 apply. Under section 55 of that Act(11) the Court of Appeal must include at least two judges, and for some purposes at least three. For the powers of the Court of Appeal that may be exercised by one judge of that court or by the Registrar, see sections 31(12), 31A(13), 31B(14) and 31C(15) of the Criminal Appeal Act 1968; section 49 of the Criminal Justice Act 2003(16); the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005(17); the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006(18); and the power conferred by section 53(4) of the 1981 Act.]

Case management in the Court of Appeal

65.2—(1) The court and the parties have the same duties and powers as under Part 3 (case management).

(2) The Registrar—

(a) must fulfil the duty of active case management under rule 3.2; and

(b) in fulfilling that duty may exercise any of the powers of case management under—

(i) rule 3.5 (the court’s general powers of case management),

(ii) rule 3.9(3) (requiring a certificate of readiness), and

(iii) rule 3.10 (requiring a party to identify intentions and anticipated requirements)

subject to the directions of the court.

(3) The Registrar must nominate a case progression officer under rule 3.4.

Power to vary requirements

65.3  The court or the Registrar may—

(a) shorten a time limit or extend it (even after it has expired) unless that is inconsistent with other legislation;

(b) allow a party to vary any notice that that party has served;

(c) direct that a notice or application be served on any person;

(d) allow a notice or application to be in a different form, or presented orally.

[Note. The time limit for serving an appeal notice (a) under section 18 of the Criminal Appeal Act 1968 on an appeal against conviction or sentence and (b) under section 18A of that Act(19) on an appeal against a finding of contempt of court, may be extended but not shortened: see rule 68.2. The time limit for serving an application for permission to refer a sentencing case under section 36 of the Criminal Justice Act 1988(20) may be neither extended nor shortened: see rule 70.2(2).]

Application for extension of time

65.4  A person who wants an extension of time within which to serve a notice or make an application must—

(a) apply for that extension of time when serving that notice or making that application; and

(b) give the reasons for the application for an extension of time.

Renewing an application refused by a judge or the Registrar

65.5—(1) This rule applies where a party wants to renew—

(a) to a judge of the Court of Appeal an application refused by the Registrar; or

(b) to the Court of Appeal an application refused by a judge of that court.

(2) That party must—

(a) renew the application in the form set out in the Practice Direction, signed by or on behalf of the applicant;

(b) serve the renewed application on the Registrar not more than 14 days after—

(i) the refusal of the application that the applicant wants to renew; or

(ii) the Registrar serves that refusal on the applicant, if the applicant was not present in person or by live link when the original application was refused.

[Note. The time limit of 14 days under this rule is reduced to 5 days where Parts 66, 67 or 69 apply: see rules 66.7, 67.10 and 69.7.

For the right to renew an application to a judge or to the Court of Appeal, see sections 31(3) and 31C of the Criminal Appeal Act 1968.

If an applicant does not renew an application that a judge has refused, including an application for permission to appeal, the Registrar will treat it as if it had been refused by the Court of Appeal.

Under section 22 of the Criminal Appeal Act 1968(21) the Court of Appeal may direct that an appellant who is in custody is to attend a hearing by live link.]

Hearings

65.6—(1) The general rule is that the Court of Appeal must hear in public—

(a) an application, including an application for permission to appeal; and

(b) an appeal or reference,

but it may order any hearing to be in private.

(2) Where a hearing is about a public interest ruling that hearing must be in private unless the court otherwise directs.

(3) Where the appellant wants to appeal against an order restricting public access to a trial the court must decide without a hearing—

(a) an application, including an application for permission to appeal; and

(b) an appeal.

(4) A judge of the Court of Appeal and the Registrar may exercise any of their powers—

(a) at a hearing in public or in private; or

(b) without a hearing.

[Note. For the procedure on an appeal against an order restricting public access to a trial, see Part 69.]

Notice of hearings and decisions

65.7—(1) The Registrar must give as much notice as reasonably practicable of every hearing to—

(a) the parties;

(b) any party’s custodian;

(c) any other person whom the court requires to be notified; and

(d) the Crown Court officer, where Parts 66, 67 or 69 apply.

(2) The Registrar must serve every decision on—

(a) the parties;

(b) any other person whom the court requires to be served; and

(c) the Crown Court officer and any party’s custodian, where the decision determines an appeal or application for permission to appeal.

(3) But where a hearing or decision is about a public interest ruling, the Registrar must not—

(a) give notice of that hearing to; or

(b) serve that decision on,

anyone other than the prosecutor who applied for that ruling, unless the court otherwise directs.

Duty of Crown Court officer

65.8—(1) The Crown Court officer must provide the Registrar with any document, object or information for which the Registrar asks within such period as the Registrar may require.

(2) Unless the Crown Court otherwise directs, where someone may appeal to the Court of Appeal the Crown Court officer must—

(a) arrange for the recording of the proceedings in the Crown Court;

(b) arrange for the transcription of such a recording if—

(i) the Registrar wants such a transcript, or

(ii) anyone else wants such a transcript (but that is subject to the restrictions in rule 65.9(2)); and

(c) arrange for any document or object exhibited in the proceedings in the Crown Court to be kept there, or kept by some other appropriate person, until 6 weeks after the conclusion of those proceedings.

(3) Where Part 66 applies (appeal to the Court of Appeal against ruling at preparatory hearing), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—

(a) each order or ruling against which the appellant wants to appeal; and

(b) the decision by the Crown Court judge on any application for permission to appeal.

(4) Where Part 67 applies (appeal to the Court of Appeal against ruling adverse to prosecution), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—

(a) each ruling against which the appellant wants to appeal;

(b) the decision by the Crown Court judge on any application for permission to appeal; and

(c) the decision by the Crown Court judge on any request to expedite the appeal.

(5) Where Part 68 applies (appeal to the Court of Appeal about conviction or sentence), the Crown Court officer must as soon as practicable serve on the Registrar—

(a) the appeal notice and any accompanying application that the appellant serves on the Crown Court officer;

(b) any Crown Court judge’s certificate that the case is fit for appeal;

(c) the decision on any application at the Crown Court centre for bail pending appeal;

(d) such of the Crown Court case papers as the Registrar requires; and

(e) such transcript of the Crown Court proceedings as the Registrar requires.

(6) Where Part 69 applies (appeal to the Court of Appeal regarding reporting or public access) and an order is made restricting public access to a trial, the Crown Court officer must—

(a) immediately notify the Registrar of that order, if the appellant has given advance notice of intention to appeal; and

(b) as soon as practicable provide the applicant for that order with a transcript or note of the application.

[Note. See also rules 65.9 (duty of person transcribing record of proceedings in the Crown Court) and 65.10 (duty of person keeping exhibit).]

Duty of person transcribing proceedings in the Crown Court

65.9—(1) A person who transcribes a recording of proceedings in the Crown Court under arrangements made by the Crown Court officer must provide the Registrar with any transcript for which the Registrar asks within such period as the Registrar may require.

(2) Unless the Crown Court otherwise directs, such a person—

(a) must not provide anyone else with a transcript of a public interest ruling or of an application for such a ruling;

(b) subject to that, must provide anyone else with any transcript for which that person asks—

(i) in accordance with the transcription arrangements made by the Crown Court officer, and

(ii) on payment by that person of any charge fixed by the Treasury.

[Note. Section 32 of the Criminal Appeal Act 1968 deals with the recording of proceedings in the Crown Court, the transcription of such a recording and the charge for providing such a transcript. See also rule 65.8(2) (duty of Crown Court officer).]

Duty of person keeping exhibit

65.10  A person who under arrangements made by the Crown Court officer keeps a document or object exhibited in the proceedings in the Crown Court must—

(a) keep that exhibit until—

(i) 6 weeks after the conclusion of the Crown Court proceedings, or

(ii) the conclusion of any proceedings in the Court of Appeal that begin within that 6 weeks,

unless the court, the Registrar or the Crown Court otherwise directs; and

(b) provide the Registrar with any such document or object for which the Registrar asks within such period as the Registrar may require.

[Note. See also rule 65.8(2) (duty of Crown Court officer).]

Registrar’s duty to provide copy documents for appeal or reference

65.11  Unless the court otherwise directs, for the purposes of an appeal or reference—

(a) the Registrar must—

(i) provide a party with a copy of any document or transcript held by the Registrar for such purposes, or

(ii) allow a party to inspect such a document or transcript on payment by that party of any charge fixed by the Treasury; but

(b) the Registrar must not provide a copy or allow the inspection of—

(i) a document provided only for the court and the Registrar, or

(ii) a transcript of a public interest ruling or of an application for such a ruling.

[Note. Section 21 of the Criminal Appeal Act 1968 requires the Registrar to collect, prepare and provide documents needed by the court.]

Declaration of incompatibility with a Convention right

65.12—(1) This rule applies where a party—

(a) wants the court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998(22); or

(b) raises an issue that the Registrar thinks may lead the court to make such a declaration.

(2) The Registrar must serve notice on—

(a) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947(23); or

(b) the Treasury Solicitor, if it is not clear who is the relevant person.

(3) That notice must include or attach details of—

(a) the legislation affected and the Convention right concerned;

(b) the parties to the appeal; and

(c) any other information or document that the Registrar thinks relevant.

(4) A person who has a right under the 1998 Act to become a party to the appeal must—

(a) serve notice on—

(i) the Registrar, and

(ii) the other parties,

if that person wants to exercise that right; and

(b) in that notice—

(i) indicate the conclusion that that person invites the court to reach on the question of incompatibility, and

(ii) identify each ground for that invitation, concisely outlining the arguments in support.

(5) The court must not make a declaration of incompatibility—

(a) less than 21 days after the Registrar serves notice under paragraph (2); and

(b) without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.

Abandoning an appeal

65.13—(1) This rule applies where an appellant wants to—

(a) abandon—

(i) an application to the court for permission to appeal, or

(ii) an appeal; or

(b) reinstate such an application or appeal after abandoning it.

(2) The appellant—

(a) may abandon such an application or appeal without the court’s permission by serving a notice of abandonment on—

(i) the Registrar, and

(ii) any respondent

before any hearing of the application or appeal; but

(b) at any such hearing, may only abandon that application or appeal with the court’s permission.

(3) A notice of abandonment must be in the form set out in the Practice Direction, signed by or on behalf of the appellant.

(4) On receiving a notice of abandonment the Registrar must—

(a) date it;

(b) serve a dated copy on—

(i) the appellant,

(ii) the appellant’s custodian, if any,

(iii) the Crown Court officer, and

(iv) any other person on whom the appellant or the Registrar served the appeal notice; and

(c) treat the application or appeal as if it had been refused or dismissed by the Court of Appeal.

(5) An appellant who wants to reinstate an application or appeal after abandoning it must—

(a) apply in writing, with reasons; and

(b) serve the application on the Registrar.

[Note. The Court of Appeal has power only in exceptional circumstances to allow an appellant to reinstate an application or appeal that has been abandoned.]

Abandoning a ground of appeal or opposition

65.14—(1) This rule applies where a party wants to abandon—

(a) a ground of appeal identified in an appeal notice; or

(b) a ground of opposition identified in a respondent’s notice.

(2) Such a party must give written notice to—

(a) the Registrar; and

(b) every other party,

before any hearing at which that ground will be considered by the court.”

Rule 28

SCHEDULE 2

“Part 66 Appeal to the Court of Appeal against ruling at preparatory hearing

When this Part applies

66.1—(1) This Part applies where a party wants to appeal under—

(a) section 9(11) of the Criminal Justice Act 1987(24) or section 35(1) of the Criminal Procedure and Investigations Act 1996(25); or

(b) section 47(1) of the Criminal Justice Act 2003(26).

(2) A reference to an ‘appellant’ in this Part is a reference to such a party.

[Note. Under section 9(11) of the Criminal Justice Act 1987 (which applies to serious or complex fraud cases) and under section 35(1) of the Criminal Procedure and Investigations Act 1996 (which applies to other complex, serious or long cases) a party may appeal to the Court of Appeal against an order made at a preparatory hearing in the Crown Court.

Under section 47(1) of the Criminal Justice Act 2003 a party may appeal to the Court of Appeal against an order in the Crown Court that because of jury tampering a trial will continue without a jury or that there will be a new trial without a jury.

Part 15 contains rules about preparatory hearings.

The rules in Part 65 also apply where this Part applies.]

Service of appeal notice

66.2—(1) An appellant must serve an appeal notice on—

(a) the Crown Court officer;

(b) the Registrar; and

(c) every party directly affected by the order or ruling against which the appellant wants to appeal.

(2) The appellant must serve the appeal notice not more than 5 business days after—

(a) the order or ruling against which the appellant wants to appeal; or

(b) the Crown Court judge gives or refuses permission to appeal.

Form of appeal notice

66.3—(1) An appeal notice must be in the form set out in the Practice Direction.

(2) The appeal notice must—

(a) specify each order or ruling against which the appellant wants to appeal;

(b) identify each ground of appeal on which the appellant relies, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;

(c) summarise the relevant facts;

(d) identify any relevant authorities;

(e) include or attach any application for the following, with reasons—

(i) permission to appeal, if the appellant needs the court’s permission,

(ii) an extension of time within which to serve the appeal notice,

(iii) a direction to attend in person a hearing that the appellant could attend by live link, if the appellant is in custody;

(f) include a list of those on whom the appellant has served the appeal notice; and

(g) attach—

(i) a transcript or note of each order or ruling against which the appellant wants to appeal,

(ii) all relevant skeleton arguments considered by the Crown Court judge,

(iii) any written application for permission to appeal that the appellant made to the Crown Court judge,

(iv) a transcript or note of the decision by the Crown Court judge on any application for permission to appeal, and

(v) any other document or thing that the appellant thinks the court will need to decide the appeal.

[Note. An appellant needs the court’s permission to appeal in every case to which this Part applies unless the Crown Court judge gives permission.]

Crown Court judge’s permission to appeal

66.4—(1) An appellant who wants the Crown Court judge to give permission to appeal must—

(a) apply orally, with reasons, immediately after the order or ruling against which the appellant wants to appeal; or

(b) apply in writing and serve the application on—

(i) the Crown Court officer, and

(ii) every party directly affected by the order or ruling

not more than 2 business days after that order or ruling.

(2) A written application must include the same information (with the necessary adaptations) as an appeal notice.

[Note. For the Crown Court judge’s power to give permission to appeal, see section 9(11) of the Criminal Justice Act 1987, section 35(1) of the Criminal Procedure and Investigations Act 1996 and section 47(2) of the Criminal Justice Act 2003.]

Respondent’s notice

66.5—(1) A party on whom an appellant serves an appeal notice may serve a respondent’s notice, and must do so if—

(a) that party wants to make representations to the court; or

(b) the court so directs.

(2) Such a party must serve the respondent’s notice on—

(a) the appellant;

(b) the Crown Court officer;

(c) the Registrar; and

(d) any other party on whom the appellant served the appeal notice.

(3) Such a party must serve the respondent’s notice not more than 5 business days after—

(a) the appellant serves the appeal notice; or

(b) a direction to do so.

(4) The respondent’s notice must be in the form set out in the Practice Direction.

(5) The respondent’s notice must—

(a) give the date on which the respondent was served with the appeal notice;

(b) identify each ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the ground of appeal to which each relates;

(c) summarise any relevant facts not already summarised in the appeal notice;

(d) identify any relevant authorities;

(e) include or attach any application for the following, with reasons—

(i) an extension of time within which to serve the respondent’s notice,

(ii) a direction to attend in person any hearing that the respondent could attend by live link, if the respondent is in custody;

(f) identify any other document or thing that the respondent thinks the court will need to decide the appeal.

Powers of Court of Appeal judge

66.6  A judge of the Court of Appeal may give permission to appeal as well as exercising the powers given by other legislation (including these Rules).

[Note. See section 53(4) of the Supreme Court Act 1981(27) and section 49 of the Criminal Justice Act 2003(28).]

Renewing applications

66.7  Rule 65.5 (renewing an application refused by a judge or the Registrar) applies with a time limit of 5 business days.

Right to attend hearing

66.8—(1) A party who is in custody has a right to attend a hearing in public.

(2) The court or the Registrar may direct that such a party is to attend a hearing by live link.

[Note. See rule 65.6 (hearings).]”

Rule 29

SCHEDULE 3

“Part 67 Appeal to the Court of Appeal against ruling adverse to prosecution

When this Part applies

67.1—(1) This Part applies where a prosecutor wants to appeal under section 58(2) of the Criminal Justice Act 2003(29).

(2) A reference to an ‘appellant’ in this Part is a reference to such a prosecutor.

[Note. Under section 58(2) of the Criminal Justice Act 2003 a prosecutor may appeal to the Court of Appeal against a ruling in the Crown Court. See also sections 57 and 59 to 61 of the 2003 Act.

The rules in Part 65 also apply where this Part applies.]

Decision to appeal

67.2—(1) An appellant must tell the Crown Court judge of any decision to appeal—

(a) immediately after the ruling against which the appellant wants to appeal; or

(b) on the expiry of the time to decide whether to appeal allowed under paragraph (2).

(2) If an appellant wants time to decide whether to appeal—

(a) the appellant must ask the Crown Court judge immediately after the ruling; and

(b) the general rule is that the judge must not require the appellant to decide there and then but instead must allow until the next business day.

[Note. If the ruling against which the appellant wants to appeal is a ruling that there is no case to answer, the appellant may appeal against earlier rulings as well: see section 58(7) of the Criminal Justice Act 2003.

Under section 58(8) of the 2003 Act the appellant must agree that a defendant directly affected by the ruling must be acquitted if the appellant (a) does not get permission to appeal or (b) abandons the appeal.

The Crown Court judge may give permission to appeal and may expedite the appeal: see rules 67.5 and 67.6.]

Service of appeal notice

67.3—(1) An appellant must serve an appeal notice on—

(a) the Crown Court officer;

(b) the Registrar; and

(c) every defendant directly affected by the ruling against which the appellant wants to appeal.

(2) The appellant must serve the appeal notice not later than—

(a) the next business day after telling the Crown Court judge of the decision to appeal, if the judge expedites the appeal; or

(b) 5 business days after telling the Crown Court judge of that decision, if the judge does not expedite the appeal.

[Note. If the ruling against which the appellant wants to appeal is a public interest ruling, see rule 67.8.]

Form of appeal notice

67.4—(1) An appeal notice must be in the form set out in the Practice Direction.

(2) The appeal notice must—

(a) specify each ruling against which the appellant wants to appeal;

(b) identify each ground of appeal on which the appellant relies, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;

(c) summarise the relevant facts;

(d) identify any relevant authorities;

(e) include or attach any application for the following, with reasons—

(i) permission to appeal, if the appellant needs the court’s permission,

(ii) an extension of time within which to serve the appeal notice,

(iii) expedition of the appeal, or revocation of a direction expediting the appeal;

(f) include a list of those on whom the appellant has served the appeal notice;

(g) attach—

(i) a transcript or note of each ruling against which the appellant wants to appeal,

(ii) all relevant skeleton arguments considered by the Crown Court judge,

(iii) any written application for permission to appeal that the appellant made to the Crown Court judge,

(iv) a transcript or note of the decision by the Crown Court judge on any application for permission to appeal,

(v) a transcript or note of the decision by the Crown Court judge on any request to expedite the appeal, and

(vi) any other document or thing that the appellant thinks the court will need to decide the appeal; and

(h) attach a form of respondent’s notice for any defendant served with the appeal notice to complete if that defendant wants to do so.

[Note. An appellant needs the court’s permission to appeal unless the Crown Court judge gives permission: see section 57(4) of the Criminal Justice Act 2003. For ‘respondent’s notice’ see rule 67.7.]

Crown Court judge’s permission to appeal

67.5—(1) An appellant who wants the Crown Court judge to give permission to appeal must—

(a) apply orally, with reasons, immediately after the ruling against which the appellant wants to appeal; or

(b) apply in writing and serve the application on—

(i) the Crown Court officer, and

(ii) every defendant directly affected by the ruling

on the expiry of the time allowed under rule 67.2 to decide whether to appeal.

(2) A written application must include the same information (with the necessary adaptations) as an appeal notice.

(3) The Crown Court judge must allow every defendant directly affected by the ruling an opportunity to make representations.

(4) The general rule is that the Crown Court judge must decide whether or not to give permission to appeal on the day that the application for permission is made.

[Note. For the Crown Court judge’s power to give permission to appeal, see section 57(4) of the Criminal Justice Act 2003.

Rule 67.5(3) does not apply where the appellant wants to appeal against a public interest ruling: see rule 67.8(5).]

Expediting an appeal

67.6—(1) An appellant who wants the Crown Court judge to expedite an appeal must ask, giving reasons, on telling the judge of the decision to appeal.

(2) The Crown Court judge must allow every defendant directly affected by the ruling an opportunity to make representations.

(3) The Crown Court judge may revoke a direction expediting the appeal unless the appellant has served the appeal notice.

[Note. For the Crown Court judge’s power to expedite the appeal, see section 59 of the Criminal Justice Act 2003.

Rule 67.6(2) does not apply where the appellant wants to appeal against a public interest ruling: see rule 67.8(5).]

Respondent’s notice

67.7—(1) A defendant on whom an appellant serves an appeal notice may serve a respondent’s notice, and must do so if—

(a) the defendant wants to make representations to the court; or

(b) the court so directs.

(2) Such a defendant must serve the respondent’s notice on—

(a) the appellant;

(b) the Crown Court officer;

(c) the Registrar; and

(d) any other defendant on whom the appellant served the appeal notice.

(3) Such a defendant must serve the respondent’s notice—

(a) not later than the next business day after—

(i) the appellant serves the appeal notice, or

(ii) a direction to do so

if the Crown Court judge expedites the appeal; or

(b) not more than 5 business days after—

(i) the appellant serves the appeal notice, or

(ii) a direction to do so

if the Crown Court judge does not expedite the appeal.

(4) The respondent’s notice must be in the form set out in the Practice Direction.

(5) The respondent’s notice must—

(a) give the date on which the respondent was served with the appeal notice;

(b) identify each ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the ground of appeal to which each relates;

(c) summarise any relevant facts not already summarised in the appeal notice;

(d) identify any relevant authorities;

(e) include or attach any application for the following, with reasons—

(i) an extension of time within which to serve the respondent’s notice,

(ii) a direction to attend in person any hearing that the respondent could attend by live link, if the respondent is in custody;

(f) identify any other document or thing that the respondent thinks the court will need to decide the appeal.

Public interest ruling

67.8—(1) This rule applies where the appellant wants to appeal against a public interest ruling.

(2) The appellant must not serve on any defendant directly affected by the ruling—

(a) any written application to the Crown Court judge for permission to appeal; or

(b) an appeal notice

if the appellant thinks that to do so in effect would reveal something that the appellant thinks ought not be disclosed.

(3) The appellant must not include in an appeal notice—

(a) the material that was the subject of the ruling; or

(b) any indication of what sort of material it is

if the appellant thinks that to do so in effect would reveal something that the appellant thinks ought not be disclosed.

(4) The appellant must serve on the Registrar with the appeal notice an annex—

(a) marked to show that its contents are only for the court and the Registrar;

(b) containing whatever the appellant has omitted from the appeal notice, with reasons; and

(c) if relevant, explaining why the appellant has not served the appeal notice.

(5) Rules 67.5(3) and 67.6(2) do not apply.

[Note. Rules 67.5(3) and 67.6(2) require the Crown Court judge to allow a defendant to make representations about (i) giving permission to appeal and (ii) expediting an appeal.]

Powers of Court of Appeal judge

67.9  A judge of the Court of Appeal may—

(a) give permission to appeal;

(b) revoke a Crown Court judge’s direction expediting an appeal; and

(c) where an appellant abandons an appeal, order a defendant’s acquittal, his release from custody and the payment of his costs,

as well as exercising the powers given by other legislation (including these Rules).

[Note. See section 73 of the Criminal Justice Act 2003.]

Renewing applications

67.10  Rule 65.5 (renewing an application refused by a judge or the Registrar) applies with a time limit of 5 business days.

Right to attend hearing

67.11—(1) A respondent who is in custody has a right to attend a hearing in public.

(2) The court or the Registrar may direct that such a respondent is to attend a hearing by live link.

[Note. See rule 65.6 (hearings).]”

Rule 30

SCHEDULE 4

“Part 68 Appeal to the Court of Appeal about conviction or sentence

When this Part applies

68.1—(1) This Part applies where—

(a) a defendant wants to appeal under—

(i) Part 1 of the Criminal Appeal Act 1968(30), or

(ii) paragraph 14 of Schedule 22 to the Criminal Justice Act 2003(31);

(b) the Criminal Cases Review Commission refers a case to the Court of Appeal under section 9 of the Criminal Appeal Act 1995(32);

(c) a prosecutor wants to appeal to the Court of Appeal under section 14A(5A) of the Football Spectators Act 1989(33